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<br />that are in excess of the applicable limit of insurance. <br />-An agreed settlement means a settlement and release <br />'". of liability signed by us, the insured and the claimant or <br />the claimant's legal representative. <br />4. Other Insurance <br />If other valid and collectible insurance is available to <br />the insured for a loss we cover under Coverages A or <br />B of this Coverage Part, our obligations are limited as <br />follows: <br />a. Primary Insurance <br />This insurance is primary except when b. below <br />applies. If other insurance is also primary, we will <br />share with all that other insurance by the method <br />described inc. below. <br />b. Excess Insurance <br />This insurance is excess over any of the other <br />insurance, whether primary, excess, contingent or <br />on any other basis: <br />(1) Your Work <br />That is Fire, Extended Coverage, Builder's Risk, <br />Installation Risk or similar coverage for "your <br />work"; <br />(2) Premises Rented To You <br />That is fire, lightning or explosion insurance for <br />premises rented to you or temporarily occupied <br />by you with permission of the owner; <br />(3) Tenant Liability <br />That is insurance purchased by you to cover <br />your liability as a tenant for "property damage" <br />to premises rented to you or temporarily <br />occupied by you with permission of the owner; <br />(4) Aircraft, Auto Or Watercraft <br />If the loss arises out of the maintenance or use <br />of aircraft, "autos" or watercraft to the extent not <br />subject to Exclusion g. of Section I -Coverage <br />A -Bodily Injury And Property Damage Liability; <br />{5) Property Damage to Borrowed Equipment Or <br />Use Of Elevators <br />If the loss arises out of "property damage" to <br />borrowed equipment or the use of elevators to <br />the extenf not subject to Exclusion j. of Section I <br />- Coverage A -Bodily Injury And Property <br />Damage Liability; <br />(6) When You Are Added As An Additional <br />Insured To Other Insurance <br />Any other insurance available to yeu covering <br />liability for damages arising cut of the premises <br />or operations, or products and completed <br />operations, for which you have been added as <br />an additional insured by that insurance; or <br /> <br />(7) When You Add Others As An Additional <br />Insured To This Insurance <br />Any other insurance available to an additional <br />insured. <br />However, the following provisions apply to other <br />insurance available to any person or <br />organization who is an additional insured under <br />this coverage part. <br />{a) Primary Insurance When Required By <br />Contract <br />This insurance is primary if you have agreed <br />in a written contract or written agreement <br />that this insurance be primary. If other <br />insurance is also primary, we will share with <br />all that other insurance by the method <br />described in c. below. <br />(b) Primary And Non-Contributory To Other <br />Insurance When Required 8y Contract <br />If you have agreed in a written contract, <br />written agreement, or permit that this <br />insurance is primary and non-contributory <br />with the additional insured's own insurance, <br />Phis insurance is primary and we will not <br />seek contribution from that other insurance. <br />Paragraphs (a) and (b) do not apply to other <br />insurance to which the additional insured has <br />been added as an additional insured. <br />When this insurance is excess, we will have no <br />duty under Coverages A or B to defend the insured <br />against any "suit" if any other insurer has a duty to <br />defend the insured against that "suit", If no other <br />insurer defends, we will undertake to do so, but we <br />will be entitled to the insured's rights against all <br />those other insurers. <br />When this insurance is excess over other <br />insurance, we will pay only our share of the amount <br />of the loss, if any, that exceeds the sum of: <br />(1) The total amount that all such other insurance <br />would pay for the loss in the absence of this <br />insurance; and <br />(2) The total of all deductible and self-insured <br />amounts under all that other insurance. <br />We will share the remaining loss, if any, with any <br />other insurance that is not described in this Excess <br />Insurance provision and was not bought specifically <br />to apply in excess of the Limits of Insurance shown <br />in the Declarations of this Coverage Part. <br />c. Method Of Sharing <br />If all of the other insurance permits contribution by <br />equal shares, we will follow this method also. Under <br />this approach each insurer contributes equal <br />amounts until it has paid its applicable limit of <br />insurance or none of the loss remains, whichever <br />comes first. <br />Page 14 of 18 ''. T' "'~G~;t,;'11~i rw..~A,',t~~r ,NC HG 00 01 O6 05 <br />